Ontipuli Bheemraju, v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 12662 of 2017 Between:

Ontipuli Bheemraju, S/o. Satyam Petitioner (Accused in Cr.No.120/2017 of P.S.Wankidi) AND The State of Telangana, through SHO, P.S. Wankidi, Adilabad District, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioner/Accused on bail who is in jail in connection with Cr.No. 120 of 2017 of P.S.Wankidi, Adilabad District.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri S.Surender Reddy, Advocate for the Petitioner and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This petition is filed under Sections 437 and 439 of the Criminal Procedure Code seeking to enlarge the petitioner, who is accused in Crime No.120 of 2017, on bail. The offences alleged are under Section 417, 420 IPC and Section 3(1)(2)(i) of SCs/STs (POA) Act.

Heard the counsel for the petitioner and the learned Public Prosecutor appearing for the respondent.

As per the case of the prosecution, as reflected in the complaint, the petitioner promised the complainant that he would marry her and that she, who is already married, did not lead her marital life with her husband and after 8 days of marriage, she returned to her parents house and started living separately from her husband. Since then the accused kept an evil eye over the victim, with an intent to fulfil his sexual desire with her and stated her as to why she solemnized marriage with other person, as he intended to marry her and got believed her that he will marry her and forced her to give divorce to her husband, upon which she believed his deceitful words, gave divorce to her husband, before their elders, as per their customs. Since then the accused had sexual intercourse with her and whenever she asked for marriage, he has been postponing the same and ultimately, he refused to marry her stating that she belonged to lower, Kolam, community.

But, however, considering the fact that the petitioner was in jail since 30.11.2017 and that the material part of investigation is completed by examining the witnesses, this criminal petition is allowed and the petitioner is directed to be enlarged on bail on condition of his executing a personal bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Asifabad and to appear before the trial Court on the dates given by the concerned Court."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR

..2..

To

1. The Special Judge for trial of cases under SCs/STS (POA) Act-cum-V Additional District and Sessions Judge, Adilabad.

2. The Judicial First Class Magistrate, Asifabad, Adilabad District.

3. The Superintendent, Sub-Jail, Asifabad, Adilabad District.

4. The SHO, Wankidi Police Station, Adilabad District.

5. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

6. One CC to Sri S.Surender Reddy, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT TRJ DATED: 27-12-2017

ORDER

CRL.P.NO. 12662 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 28-12-2017 HIGH COURT TRJ DATED: 27-12-2017

ORDER

CRL.P.NO. 12662 OF 2017 BAIL GRANTED